Can paddy land be used to build golf course projects in Vietnam?

Can paddy land be used to build golf course projects in Vietnam?

Pursuant to Article 6 of Decree 52/2020/ND-CP stipulating conditions for use of land for golf course projects as follows:

1. Types of land not permitted to be used for construction of golf courses and ancillary structures include:

a) Land for national defense and security purpose;

b) Forest land and paddy land, excluding the cases provided for in Clauses 2 and 3 herein;

c) Land located in areas containing original constituents of ranked famous landscapes and beauty spots, historical - cultural relics and relics included in relic lists of provincial People’s Committees, excluding the cases provided for in Clause 4 herein;

d) Land for construction of industrial parks, industry clusters, technology parks and hi-tech parks;

dd) Land used for protection of flood control systems and coastal setbacks according to regulations of the Law on Dikes and Law on Natural Resources and Environment of Sea and Islands.

2. Golf course projects located in midland and mountainous areas may use a maximum of 5 ha of paddy land yielding one crop each year and/or land on which shade trees are planted and must satisfy the requirements for paddy land protection and development and conditions for land lease and land repurposing according to regulations of laws on land.

3. Golf course projects using land of planted production forests must satisfy the requirements for land lease, land repurposing, forest repurposing and forest replacement according to regulations of land laws and forestry laws.

4. Use of land surrounding or adjacent to an area containing an original constituent of a relic for a golf course shall not affect such constituent or the relic’s natural landscape and environment and must satisfy the requirements prescribed by regulations of laws on cultural heritage.

Thus, paddy land is not allowed to build a golf course project, except for the case of a golf course project in the midland and mountainous areas, it will be allowed to use no more than 5 ha of paddy land yielding one crop each year or land on which shade trees are planted and must satisfy the requirements for paddy land protection and development and conditions for land lease and land repurposing according to regulations of laws on land in Vietnam.

How many months does it take for golf course projects to be completed in Vietnam?

According to Article 7 of Decree 52/2020/ND-CP, conditions for expansion of golf courses and ancillary structures are as follows:

1. The area of a standard golf course (18 holes) shall not exceed 90 ha (an average of 5 ha for each hole); the area of a newly built golf course project shall not exceed 270 ha (54 holes).

2. The floor area ratio of the golf course and ancillary structures is provided for in the national technical regulation on construction planning promulgated by the Ministry of Construction.

3. Investors must finish building their golf courses within 36 months (for 18-hole courses) or within 48 months (for other types of courses) starting from the date of issuance of the land lease decision.

4. Expansion of a golf course project whose investment guidelines have been decided shall only be considered after the project is completed and put into operation and if the requirements stated in Articles 5 and 6 of this Decree are satisfied.

5. In case an investor proposes different golf course projects located within one province or central-affiliated city, the next golf course project shall only be considered after the previous project whose investment guidelines have been decided is completed and put into operation.

According to this Article, when implementing the construction of a golf course, the investor must complete the construction within no more than 6 months (for 18-hole courses) or within 48 months (for other types of courses) starting from the date of issuance of the land lease decision in Vietnam.

What are requirements for golf course locations in Vietnam?

In Article 5 of Decree 52/2020/ND-CP stipulating golf course project location and investor selection as follows:

1. Requirements for golf course locations:

a) The location is selected in accordance with the rules stated in Article 3 and the land use requirements stated in Article 6 of this Decree;

b) The location suits spatial development and arrangement orientations and resource distribution for socio-economic activities, national defense and security and environmental protection according to provincial planning, district-level land use planning and relevant planning;

c) The location fulfills the conditions for construction of structures, landscape and technical infrastructure inside and outside the golf course;

d) The location satisfies the requirements for establishment of buffer zones for water protection and for prevention and control of water pollution and shortage in compliance with regulations of laws on water resources and requirements provided for by regulations of laws on flood control systems, natural disaster prevention and control, and natural resources and environment of sea and islands.

2. Planning and land authorities shall publish and provide information on land use planning and plans according to regulations of laws on planning and land to provide the basis for selection of golf course locations.

3. Investors of golf course projects shall be selected in accordance with regulations of bidding laws, land laws and other relevant laws.

Thus, the golf course construction site must satisfy the conditions specified above in Vietnam.

Best Regards!